Hiniku Taro, a former special prosecutor, implores Ghosn to respect Japan’s rule of law
It is most regrettable that Carlos Ghosn, the convicted criminal, former CEO of Nissan has cowardly chosen to escape from Japan rather than face a fair trial and inevitable conviction in Japan’s prestigious courts. This is very disruptive of our justice system and the prosecutor conviction statistics.
I think there is a cultural misunderstanding on the side of Ghosn-san that has led to this rash decision. As you may know, Japan is a country where justice works on the presumption of innocent until proven guilty. Which is the tatemae–like when your mama makes you a rice cake with zoni and you say it is good even if is not so tasty. Some have said, that in Nippon you are presumed guilty until proven innocent. This very true—up to certain point. That certain point, in my experience, being when we decide whether to indict or not. If it is not a slam dunk case, then we presume you are innocent because we don’t like to lose.
But once we indict you, we have 99% conviction rate. So post-indictment, you are presumed guilty until proven guilty. And Ghosn has unfairly denied us the right to prove his guilt. This is a great shame.
We only denied Ghosn 6000 files in preparing his defense and only kept him in jail for 129 days before his trial. We most benevolent but no no thank you from him. Just whine whine whine. He would have had a fair trial and been fairly convicted based on the incredibly slanted, selective testimony and evidence the prosecutors had arranged and altered, and a stark refusal to allow in any testimony that might exonerate him,.
Even then, he would still have a 1% chance of being found not guilty of some or all of the charges. Of course, since the prosecution can appeal cases in Japan, and we like to do, we’d probably have convicted him the second round. Yes, because you can get tried for the same crime here but we have no double jeopardy–in theory.
How do we know what’s a serious crime? Well, when a foreigner does it, it’s a serious crime. It is in the unwritten Roppo. When Coincheck, loses over a billion dollars worth of virtual currency–was there a crime committed? We don’t care. When Mark Karpeles, a FRENCHMAN, running a virtual currency exchange is hacked out of a half billion worth of virtual currency, we arrest him on whatever charges possible. knowing he must be guilty. And we hold him for 11 months, questioning him with no lawyer present, because we know he’s guilty. And when the IRS, Homeland Security and US authorities arrest the real hacker, we try to block that evidence from being submitted into court. And when the court finds him not guilty on major charges, and the crazy judge rebukes us?
We don’t talk about that. Not good idea to talk about that. And what about Enzai (冤罪) –wrongful convictions? This only happens in case of Japanese, who are very old and probably going to die in prison, so we say okay, maybe not guilty. Oh and that Nepalese guy wrongfully convicted of murder. Oops. Prosecutors are humans, too. PS. Don’t read those back issues of that magazine devoted to cases of injustice in Japan. Very old now. Much changed!
We work very hard to find or make evidence that will our make case. Ghosn and his lawyers were very uzai. Why would we want evidence that could exonerate the accused when we already have enough to win the case? We get so tired of whiny liberal lawyers who want a ‘fair’ trial for their client. L-o-s-e-r-s. This is why we will find any reason to deny them crucial evidence or share it with them—and also because we can!
The judge is almost always going to give us what we want. That’s how the system works. And as a long time resident of Japan, Carlos Ghosn must respect that system. It is the honorable thing to do. It very simple.
A Guide To The Japanese Prosecutor’s Office
You do or not do a crime.
Someone reports the crime to the police, who may or may not make an arrest. THEN
A) If you are politically connected to Prime Minister Shinzo Abe, his friends, or LDP and bonus points if you are wealthy business executive, the case is stopped early and investigation quashed.
If gung ho police insist, or foolish lower level prosecutors take papers from police, we wait until Japan wins Olympic bid or some big event and then announce that we won’t prosecute—so nobody notice.
B) If you are politically connected, you report crime to the police or even better, special prosecutor, and make back-door deal. Plea bargaining now welcome, welcome.
We arrest suspect (dirty foreigner or vocal critic) on lesser charges! Go to jail. If you don’t confess, we go to friendly judge and say, “He/she will destroy evidence or escape while we work little bit more. Can we keep them 10 more days?” Judge says, OK! We can hold you for up to 23 days, easy-peasy. Then like fish on a hook, we let you go–then rearrest! We hold them in jail until they confess and rigorously interrogate them every day.
If they don’t confess, it’s only because they’re guilty. And if they do confess, well we were right, they’re guilty.
Get With The Game, Ghosn!
This is Japan and everyone must play their part. We make occasional politically motivated public arrest of big person, but not anyone close to the Prime Minister. We leak like crazy to Japanese media bad things about suspect–even that they confessed. We prepare for the trial, hoodwink the lawyers, refuse to show them our evidence–because we can get away with it and the law doesn’t force us to do it, nor will the judge, and then we win. 99% of the time. And if we lose 1% of the time, well we win on the appeal. 😜
The role of the indicted is to either confess early or endure the proceedings and then get convicted anyway, but winning or escaping–that’s not an option.
Shame on you, Carlos Ghosn. You have made a mockery of the Japanese system of injustice justice. And what is even more unforgivable is that your selfish act may actually lower our conviction rates to less than 99%!
Hiniku Taro is a former prosecutor, now in private practice, after resigning from office when he was discovered to have forced a local politician to confess to being a serial underwear thief, ‘on a hunch’, in 2002. He says, ‘Even though I may no longer be a prosecutor, I never forget the valuable lessons I learned on the job such as yakuza and foreigners have no human rights’. For more information see the webpage for Hiniku and Tanuki Sougo General Law Horitsu Jimusho, located in Chiyoda-ku, Otemachi.
Certain facts of life we know to be true. The tide will turn. The sun will rise. Hayao Miyazaki is the god of Japanese anime. Still, the throne may be ready for a shakedown – or even a partial step down on the part of Miyazaki. Anime filmmaker extraordinaire Makoto Shinkai (Your Name) has blown a huge hole in the fortress of Miyazaki’s storied production company Studio Ghibli, with his latest: Tenki no Ko (International Title: ‘Weathering With You’).” It’s a semi-utopian spin on the dismally dystopian subject of climate change, and the ending has instigated a controversial firestorm on social media. The question at the eye of the storm is this: “Should we forgive the protagonists for putting their personal happiness before the greater good?”
Though the verdict is still out, my guess is that Hayao Miyazaki would probably say a loud “no way”. As the ultra-stoic-but-always-benevolent tyrant of Japanese anime, he has consistently sacrificed his characters’ romantic inclinations to “much bigger things,” as he once said in an interview – i.e., the benefit or survival, of human society. In a Miyazaki story, boy and girl will get to meet but they will never get together, as there are much bigger things at stake.
In Weathering With You the Tokyo metropolitan area is locked into a rainy season that won’t go away. No one has felt the feeblest of sunshine or glimpsed a patch of blue sky for months. The only exit out of this perpetual wetness seems to lie in the hands of a pretty teenage girl named Hina (voiced by Nana Mori) Her sort-of-boyfriend Hodaka (voiced by Kotaro Daigo) is sort of her boyfriend, because they don’t exchange so much as a kiss–gleans Hina’s secret power. Initially, he advises Hina to cash in by starting a fair weather business and Hina agrees to go on social media and advertise her abilities as the “good weather girl”. Soon, orders for good weather start pouring in and Hina is summoned to a barbecue party here, a sports event there, or even an ancestral ritual at an old lady’s home. The money’s not bad either, and as Hina’s little brother Nagi (voiced by Sakura Kiryu) joins in, the trio start to feel like a cozy little family.
Sixteen-year old Hodaka is too shy to admit his love for Hina–especially since she has informed him that her 18th birthday is coming up and therefore, she’s way too old for a kid like him. That doesn’t stop Hodaka from going online and researching the perfect birthday gift, which he buys with the money he made with Hina. All this will most certainly elicit stern disapproval from their parents but thankfully, there are no such people in Weathering With You. Hodaka has run away, from home and parents left behind on one of the Izu islands scattered along the Pacific. Hina’s mother died a short while ago and she is supporting Nagi in a tiny apartment near Shinjuku. First, she was on the night shift at a McDonald’s and when that didn’t work out, she made a half-hearted attempt to become a porn actress before Hodaka pulled her back.
All the while, the rain never stops.
Fans of Shinkai know dark skies and heavy rains are a big part of his m.o. Plus, the precise, almost photographic depictions of Tokyo’s train stations (mostly the Yamanote line) and streets, especially in the Shinjuku area. Weathering With You has ample portions of both – the story opens on rain-soaked streets, inky puddles and the lesser known alleyways in the Yoyogi neighborhood. When Hina clenches her fingers and prays to the heavens, the clouds part, exposing a glorious patch of azure sky and splendid slants of sunshine. People put their umbrellas away to look up with a smile, and Hodaka rightly observes that “it’s amazing how good you feel when it’s cleared up.”
The contrast of bad weather and good, is one of the factors that propel the story forward – you get a feeling of how badly people need the sun, and what lengths they will go to get it.
The implication is that Tokyoites are ready to sacrifice Hina on the altar of blue skies, even if they’re only very vaguely aware of her powers or even her presence. In the movie, Hina is a ghostly figure whispered about on the Net, and her abilities are never totally understood. The terrible truth is that the more Hina makes good weather happen, the less there is of her own self; her trade-off with fine weather is her own, physical existence.
One morning when Hodaka wakes up, she’s gone without a trace, save for the bathrobe she was wearing the night before.
(SPOILER ALERT: That is nowhere near the ending for Hina or Hodaka、so don’t let this review make you feel like we’ve ruined the movie. ↖)
In reality, Japan braces itself for a rainy season (usually occuring at the beginning of June and lasting four to five weeks) that wreaks havoc on many areas across the archipelago. This year, southwestern Japan was flooded by torrential rains and in Fukuoka city, trucks and cars were submerged in rainwater while soil erosion led to landslides that caused thousands of people to lose their homes. Tokyo wasn’t as bad but enough water came down to partially shut down public transportation and delay construction on Olympic facilities.
In Weathering With You rainfall spells dire consequences for the metropolis as entire neighborhoods disappear underwater and mighty architectural monuments like the Rainbow Bridge, become steeped in water. Still, as a sage old woman in the movie remarks, “It’s all right, Tokyo has gone back to its natural state. That’s all this is.” Indeed, the Japanese capital is a 400-year old artificial island made on a landfill and the greater part of Shinjuku as we know it today, used to be swampland. If we can live with that, surely we can live with Hina getting to have a life of her own, and maybe, eventually–perhaps–falling in love with Hodaka. And the greater good be damned.
Japan Subculture Research Center asked Elizaveta to explain why she wrote the song and for the lyrics to the song. Here is what she had to say.
I wrote “Meet Again” not long after finding out about the tragic fire at Kyoto Animation. I had met some people from KyoAni, although just very casually, through a network of animators and visual artists I am occasionally part of, when in Tokyo.…
I was hoping to be able to tour the studio and visit their shop, when visiting Kyoto next. I was also aware of their positive reputation, as they were known for being an employee-friendly company in an industry, which often overworks and underpays animators. They had a lot of women working for them, too, which was unusual, and a breath of fresh air.
In the hours and days following the tragedy, I couldn’t stop thinking about what had happened, and following the news, which just got more and more grim.
The contrast between the beautiful, hopeful art produced by KyoAni and what happened to them, was very hard to reconcile with. I am not a starry-eyed optimist,
but I do prefer to believe that good things happen to those who put out good things into the world. While I know it’s a naive worldview, it’s better than the alternative. This event, though, was not an accident, but an act of deliberate evil. All circumstances aligned for it to be as awful as could be. It was incredibly hard for me to accept it as reality. There had been no magic hero to save the day, and nothing to soften the blow. Kyoto is a peaceful, mystical city of a few thousand temples. But no deity stepped in to offer protection.
Once you accept that something terrible like this happened and there’s no way to explain it, you must allow for healing to start, or at least attempt to get on the path towards it. I can’t even start to imagine the pain and trauma of those who had gone through this experience and survived are now having to deal, and probably for years to come. My heart also goes out to those who got the call that day to find out their loved ones were no longer with them. Furthermore, the trauma to KyoAni fans around the world may not have been as direct, but it’s real nonetheless. When you make art, those who love and consume it, become believers of the things your art brings into the world. For KyoAni fans, it would have been beauty, hope and harmony. A tragedy such as this one kills faith that the world is in any way fair and a worthwhile place to be part of.
I wrote “Meet Again” the day I went to the recording studio, and the song practically wrote itself. I heard it in my head, and the lyrics came to be just minutes before I walked out to catch the train. This recording is the first take, which we recorded and filmed. It wasn’t quite perfect in a couple of places, and so I did another take, but I had a hard time singing then, because I was too close to tears. And so I made the decision to keep the first take, as it was, and record no more.
I wrote this song as a way to heal myself, even though I was just a bystander of this tragedy. I hope it may serve as a source of healing to others affected by it. I still have hope and faith. There are so many things we do not know, and so much happens every day, which makes it hard to take heart and carry on. But carry on we must, and help those around us do so, too.
I don’t remember when I got the call that day They said you were no more And then the ground gave way
I sat and cried all night Still hoping they’d been wrong A part of me had died How could I carry on
As sunrise painted red Inside my sleepless eyes Still lying on my bed I thought I heard a voice
It sounded like my love A distant precious sound But there was not a soul That I could see around
I know you’re still with me In other shape or form Our union has survived A deadly firestorm
And when I look above I can transcend the pain Soar high with me, my love I know we’ll meet again.
何時のことか 覚えてない もういないと 立ち尽くした
泣き明かした まちがいだと 身を裂かれて 歩みようも
夜明けの赤 腫れ目を染め 伏せたままで 聞こえたのは
君のような 遠くの音 影ひとつも 見えないのに
今も そばに 形を変え つながりだけ 焼け残った
仰ぎ見ては 痛みを超え 君を連れて また会うまで あの高みへ また会うまで
Born in USA, Russian-raised Elizaveta made her debut on Universal Records (US) in 2012. Since then she became the voice of the Tavern Bard in Dragon Age, has toured USA, Russia and Europe, was a repeat guest performer at the main TED stage, and released a number of multi-lingual recordings, heard in multiple films and TV series. She produced and released an all-Japanese language duet album Mezameru Riyuu earlier this year, followed by a 16-city tour of Japan.
In the children’s picture book Teach me Enma-sama, written and illustrated by Hiromi Tanaka, Enma who is the King of Hell in Buddhist mythology teaches children how to behave in a “proper” way by scaring the living shit out of them. The picture book is intended for 5 to 8-year-olds and is partly formatted as a guide for parents to discipline their children as well. The book teaches children what they shouldn’t do and how society works through at times humorous but more often horrifying descriptions about Enma and hell.
Some of the book can be a surprisingly thoughtful
approach for children to think about bullying, cheating, lying – things many children
tend to do without noticing or understanding the moral implications and
The book itself is
inspired by Hokku-kyo, which is the
oldest Buddhist scripture, and Buddhism itself drops many tips about raising
children. It furthermore, introduces things to teach one’s children, such as why
they shouldn’t be doing “bad” things, social codes, and etiquette.
The book covers 31
topics within three chapters, with roughly one subject per page, with a speech
from Enma-sama, following explanation for kids, a message for parents when
reading with children as well as the original untranslated sentences from
Buddhist scriptures such as the Hokku-kyo.
Bad things children tend to do without noticing is addressed in chapter 1. From not having likes and dislikes about food or leaving unfinished food, to being quiet in public places. It teaches them to become aware of others and that they are not the center of the universe.
Chapter 2 covers topics
about the evil that lives in people’s minds, such as jealousy and hatred. It
puts a great emphasis on not comparing oneself to others and recognizing that
others are not objects but human beings with feelings, just like ourselves. It
also mentions that people should stay positive.
Finally, in chapter 3, the
evil that dwells in words. Such as that one should be careful when speaking, as
once a person says something, it is impossible to unsay it. Thus is tell the
reader not to lie, verbally abuse others, as well as to stay true to oneself.
All of this is generally well good, except for the glaring fact that some of the pictures and descriptions provided in the book wouldn’t be out of place in a Saw or similar horror movie, yet are in a book that is intended for young children…………
In conclusion, the book gives a somewhat universal idea of what is good and what is bad, abet in a very black and white fashion, while accompanied by nightmare inducing depictions.
The decades following the
end of the Second World War marked a significant period of development for
Japanese manga. The genres of manga became divided between two primary genres, shounen, and shoujo, for boys and girls respectively, and the art of telling
longer running stories became mainstream practice. As well, women began to
enter the manga industry rapidly during the 1950’s and 1960’s, which would
cause a significant shift in the stories that were told and how they were
presented within shoujo manga that
was released (Prough 2011:46-48). The stories that were produced in this new
style followed patterns of using exotic locations outside of Japan as the main
setting and expressing the emotions involved in human relationships, often love
triangles between the main character, the heroine, and two boys that she was
close to. They also employed a drawing style that remains recognized as a style
for shoujo manga. Despite the many
changes that took place, it was not until the 1970’s that female manga artists
would begin to experiment with the portrayal of kissing and sex in shoujo manga for older teenagers (Prough
2011: 53). However, these initial intimate scenes were not between two people
of the opposite sex but rather between two boys.
This new genre of shoujo manga, known as yaoi, shounen ai, and/or boys love depending on time period and context,
offered a new type of story to be consumed by the girls that were reading manga
at that time. Even though this new genre of shoujo
manga was about the love between two boys, it was not about portraying a
realistic and loving relationship between two men. Instead, the relationships
within boys love manga were symbolic of things desired and things experienced
by Japanese girls and women; they were a way for restricted individuals to
express their sexuality in text. While the genre has gone through many
stylistic changes, especially in recent years, this symbolism can still be seen
even in more recent works of boys love manga. By understanding the thematic and
stylistic origins of boys love manga and by analyzing some more recent works, it
will be possible to see how this symbolism continued on through various dynamic
changes in the genre while also developing into something new to accommodate
for continuing critic from the gay community and its allies in Japan.
Origin of Boys Love
The boys love genre saw its origins in the early 1970’s as a
type of mainstream shoujo manga. At
the time known as shounen-ai, these
stories followed the romance between two beautiful boys. The appearance of
these beautiful boys is striking because of the androgynous nature of their
appearances; with their long flowing hair and slender bodies their gender
appears as ambiguous to the untrained eye. In addition to their genderless
appearances, when engaging in intimate activity, the panels of the manga were
placed in a way that made their sexual actions even more ambiguous by never
directly showing insertion of a penis or other obviously male occurrences
(Prough 2011:53). While the appearance of these beautiful boys may bring to
question the true nature of their sex, interviews with artists of the genre
suggest that in their eyes at least, there is no doubt that these beautifully
drawn androgynous boys are male (Welker 2011: 213). None the less, it is likely
that the ambiguous appearances of the boys likely helped facilitate an
understanding of the characters for the readers.
Additionally, the early
settings of these shounen-ai manga
were placed in exotic locations just like other shoujo manga of the time. Not unlike other shoujo manga, these exotic locations were typically historical
Europe in aristocratic families, all-boys boarding schools, or both. Again like
other shoujo manga of the time, the
focus was on the emotions and connections made by the main character to others
around him.The combination of
foreign location and androgynous boys allowed for the mainstream shoujo manga readers to enjoy these
early shounen ai stories by
distancing them from the sexual content
but also by being relatable which was an overall important accomplishment for
manga because intimacy had never been expressed in such a way in manga before (Prough
the 1980’s, shounen ai had left
mainstream shoujo manga magazines and
began publishing in specialty magazines for the genre. With this new vein of
publishing the genre took on a new name courtesy of the publishing industry,
becoming the English “boys love” that is primarily used in this essay. Stories
about the love between two boys also began to thrive in another market, that of
doujinshi, or self-published
fanfiction (Prough 2011: 54). In this instance, these self-published works were
manga though doujinshi as a term
refers to all fan-published material. Within these fan-made works, the genre
was known as yaoi, an acronym that
stands for “no climax, no ending, no meaning.” This terminology represents the
way that these stories were written without much thought or plot. In this case
of boys love doujinshi they were
typically a quick and steamy after between the two main characters. These fan-made works were often much more
sexually explicit than their counterparts in shounen-ai were originally and as already stated, their sexual
encounter was overall the main point of the story. Many of these fan-made works are now often
based off stories in shounen manga,
with those released in the Weekly Shounen Jump magazine being especially
popular (Saito 2011: 180). Some of these titles include Gintama, Naruto, One Piece, and The Prince of Tennis. The
authors of these particular doujinshi
displayed and still do display a special ability to shift the friendly bonding
of shounen manga and turn it into a
romantic encounter between two teenage boys. The development of these doujinshi as separate to published boys
love is important because of the way they influenced setting and also sexual
content in commercially published works. Boys love manga was already evolving
continuously right from the start based on competition between the producers
and the consumers.
Experiencing Sex in Boys Love
The boys love manga that was produced from the 1990’s until
today has been able to become much more sexually explicit in part due to the
influence of the market of self-published manga (McLelland 2000: 19). While not
all boys love manga has sexually explicit content it is very common and much
more common than it was in the past. The role of the beautiful boy has also
changed. While most of the boys shown in boys love manga, there is less
emphasis on androgynous features than there was before; there is little doubt
by anyone that the characters are male, even without clear display of a penis.
A result of this is a division between roles that have become more clearly
visible to the readers, a division of roles that is essential to understand current
boys love narratives about sex more clearly.
In the vast majority of boys love manga, the
relationship between the two boys is understood in terms of their individual
roles as either the uke or the seme. The seme is recognized as the dominant, aggressive, male role in the
relationship and the uke is seen as
the passive feminine role (Saito 2011: 184). In this dichotomy, while both boys
are more clearly masculine in their features, the uke typically has more feminine features such as longer hair and
larger eyes as well as being more emotional while the seme shows more masculine traits. The manga The World’s Greatest First Love, by Shingiku Nakamura, is a good
example of this type of character description. The story follows two men that
reconnect ten years after a high school love gone wrong in the editing
department of a publishing company where they are now both employed. The seme, Masamune, has a squared chin and
always remains relatively expressionless even in some of their more steamy
On the other hand, the uke, Ritsu,has a more triangular chin and easily blushes in romantic
situations because of embarrassment (Nakamura 2015). While not all boys love
manga change the appearance between the two roles to such an extent, it is
usual for the features of the uke to
be more cute and feminine than those of the seme
both in appearance, mannerisms, and even personal skills and interests. These
personality traits as assigned by role are prominent in most boys love manga that
has been published in recent years by commercial publishers.
These appearances and
personality traits also translate to what sexual role each character performs. The
more masculine and dominant seme
plays the role of the penetrator, and the more passive and feminine uke plays the role of the penetrated
(Saito 2011: 184). By framing the relationship between the two boys is this
way, the authors of the manga are placing them within a very stereotypical
heterosexual relationship structure. The more masculine and dominant seme is almost exclusively the character
that initiates a relationship and then sexual contact, sometimes initiated by
platonic teasing or despite his insecurities about his sexuality. When the two
boys inevitably have sex, the uke will
be on the bottom, usually facing the seme
and laying underneath him. The story No
Touching At All by Kou Yoneda is an example of a story that follows this format.
The main character Shima is a closeted gay man that has moved from his old
company to a new company after a relationship with a straight man gone sour. He
is therefore timid and shy because of his past experiences and catches the
attention of the laid back and apparently straight section chief Togawa. Togawa
is initially interested in Shima platonically because of his cute behavior but
eventually falls in love with him (Yoneda 2011). The first time they have sex
is somewhat of an accident and uses sexual actions that are stereotypical to
heterosexual sex. The seme, in this
case, Togawa, is the dominant role in the relationship that is leading on the
relationship despite Shima’s hesitations. None the less it is clear that even
though their first sexual experience happens largely by mistake, the experience
was still pleasurable for both people involved.
By placing boys love
relationships into the frame of a heteronormative relationship, the readers are
able to understand what is happening between the two characters on an emotional
level, but in a sense, the couple is not understood within traditional
heterosexual relationship values. Instead, the boys love couple is seen as
functioning within a loving and equal relationship that cannot be experienced
outside of their world (Saito 2011: 180). While the roles between the uke and the seme may seem to be quite strict for determining character
personality and sex roles, the fact that they are both able to feel immense
pleasure from sex is an important aspect of sex that is presented in boys love
manga. As a genre that is directed to straight women, the perceived equality
portrayed within the boys love genre is said to be a response to traditional
sexual restrictions for Japanese women (Welker 2014: 267). Therefore the
narratives in boys love manga became a place for both the authors and readers
to express their sexuality freely. In a society that there is still great
pressure for women get married and have children within a certain time frame
which puts a heavy restriction the sexual liberty of women who are expected to
be primarily mothers and wives within a limited frame of time.
In comparison, men have
more freedom sexually in Japan even though they are also expected to get
married (McLelland 2000: 14). In this sense, the boy becomes the perfect canvas
for describing the ideal sexual situation, that of mutual pleasure, for women
because men traditionally have more sexual freedom than women. While it is true
that the appearances of the boys have become less ambiguous, the placement of
the panels in the manga still leaves a lot to the imagination. That with the
combination of the more feminine features of the uke makes it easy to imagine how a woman could relate to and desire
what this character may experience. A sexual experience between the two
partners as portrayed in many boys love manga is, therefore, able to illustrate
the possibility of giving and receiving pleasure without fear of shame. This
sex acts as an extension of love as well as a confirmation of feelings and is a
very important aspect of sexuality in boys love manga.
While many interactions in
boys love manga are focused on the mutual development of feelings between the seme and the uke through normal means, there are also works that are much more
violent in nature that seem to work in contrast to this image of pure and
mutual love. These aggressive sexual situations occur within a variety of
different scenarios that usually involve the negative emotions of the seme or an outside individual that has
enacted some type of violent act, psychological and/or physical towards the uke. For example, in No Touching At All, Shima’s initial fear
of being in a relationship with Togawa and people discovering that he is gay
stems from the sour relationship that he experienced at his previous workplace
because of his love for a straight man. There is also a point in the manga
where this fear does not allow him to trust Togawa’s love and the two have
rather aggressive sex for the “last time” in which they do not face each other
in mutual pleasure but instead Shima is used as a release for frustration and
violently taken from behind (Yoneda 2011). Another much more graphic and
violent example of aggression in boys love manga can be seen in the series that
in English known as Caste Heaven by
Chise Ogawa. As the title of the manga alludes to, the main characters of the
series attend a Japanese high school that the students run using a caste
system. The main character Azusa has always been the King of the caste but when
the next caste game begins he is tricked by the Jack, Karino, and plummets to
the lowest level of the caste after being pulled from the game by a situation
where he is gang-raped by a group of boys at the school. His subjugation
continues as he is targeted by students who could not go against him when he
was King. Karino, who has become the King, promises to protect him on the
condition that Azusa will become his personal sex slave (Ogawa 2015). Put into
this role Azusa is subjugated over and over again to the whims of Karino who
simultaneously protects him and sexually abuses him as his own personal public
toilet. In this type of situation, the dominance of the seme towards the uke is
exaggerated and intensified, but they still fit into the general guidelines of
the roles, even though Azusa is originally portrayed as being dominant.
Albeit disturbing to
certain readers, this type of story is also essential in understanding sexual
narratives in boys love manga. Unlike the example of Shima and Togawa who
symbolized sex that was desired, the type of violence experienced by Azusa acts
as a way for readers to become spectators of violence rather than be victimized
by such an incident (McLelland 2000: 20). The acts committed against Azusa by
Karino can be seen as a method of revenge as well as a way to subjugate an
inferior to elevate status. While Azusa begins by appearing more dominant, he
gradually gains more and more characteristics that are associated with women, and
his new status as subjugated may reflect the way that certain Japanese women
feel about the possibility of their position. By being the viewer instead of
the victim, reading about these actions becoming committed against a boy in the
story may provide the readers with comfort or some type of twisted empowerment
by acting as a fictionalized revenge against a system that works against them
in cases of sexual violence. As Caste
Heaven is an ongoing series, it is hard to say how the story will end, but
if using other manga of this style and by this author as a guide, the story
will end in either a mutual love or it may really just be a case of sexual
abuse with no alternative motive by Karino. These options bring to question the
feelings of the authors as they write these types of stories; are they merely a
kink or is there some deeper and darker frustration that fuels their creation?
Regardless of what the answer may be, the portrayals of aggressive sex in boys
love manga as violent, and abuse can be seen as symbolic of the suppression
felt by many Japanese women in Japan.
Love Moving Forward
With increasing popularity and stories that reach out to
many types of female readers, the boys love genre has been able to expand far
beyond being a subgenre of shoujo manga.
While unstable, the market has expanded to include many different forms of boys
love narratives including anime adaptations, novels, PC and video games,
voice-only drama CD’s, live action movies, and other boys love related
character merchandise as sold in stores such as Animate in Ikebukuro. As already explained, sexually explicit
content as also moved out of doujinshi
and into publisher released boys love manga.
While boys love films are not new, there has been a great about of
recent success, especially with the release of the movie adaptation of No Touching At All last year that this
year was rereleased for additional screening (Taiyou Garden 2015). This level
of success has likely contributed to an increased released of live-action
adaptations of manga such as Seven Days and
Wait for Me at Udagawachō. With the
release of live action films that are more popular, the fans and genre of boys
love will only become more visible from now on. None the less, these fans
remain to stigmatize in Japanese society until today because they are
essentially seen as consuming gay pornography. This stigmatization makes a full
evaluation of the boys love market impossible because many fans consume boys
love in secret as not to be shamed by their acquaintances that are also not
fans (Saito 2011: 176). This expansion also represents an increased importance
of the symbolism and representations of perceived equality in boys love manga
as well as approaching issues of gender fluidity.
increased attention has also affected the types of narratives that are seen
within boys love manga today. It was already shown how the development of doujinshi influenced the amount of
explicit sexual activities shown in boys love manga, but the exposure to
critics also affected the narratives that were being told. These types of criticisms
can be cited as far back as the early 1990’s to both gay men in Japan and their
supporters criticizing what they claimed as completely fictional and
unrealistic representations of homosexual relationships (Nagaike 2015: 65).
More and more often, the main characters of boys love manga are openly gay from
the start, such as Shima who was previously described. Shima’s situation also
shows an increased representation of some of the problems and fears that gay
men in Japan may have to face such as alienation at the workplace (Yoneda
2011). Previously published stories often diminished or ignored the seriousness
of these issues real life and important issues. While No Touching At All displays some of these improvements, other works
have taken it a step further, perhaps as the pioneers of something completely
new. One such work is called Koi
Monogatari, meaning “love story” in English. This story is told through the
perspective of Hasegawa, a high school student who discovers that one of his
classmates, Yamato, is gay when he catches him stroking the hair of one of his
friends. Given his carefree personality, Hasegawa is initially shocked because
his friend is the subject of interest but gradually gets to know Yamato and
starts to wish for his happiness (Tagura 2015). In becoming friends with
Yamato, Hasegawa is able to learn more about some very real struggles and
insecurities that gay young men have and comes to realize that there is nothing
wrong with being gay because that is just the way they are; they cannot do
anything to change it even if they want to. This narrative suggests that there
are authors in the boys love community that are starting to take the lived
experiences of gay men very seriously and are being to incorporate that
narrative into the genre through an understandable shoujo manga style lens.
From the beginnings of shoujo
manga following the Second World War and the introduction to shounen ai narratives in the early 1970’s,
boys love as a genre has gone through many dynamic changes since its creation.
The genre that began sexual expression in shoujo
manga developed over the years from ambiguously gendered boys that
participated in equally ambiguous sex, to some less ambiguous and much more
sexually explicit. Even with that level of change, boys love as a genre was
still able to maintain the symbolism that it originated with, the narratives of
expressing restricted female sexually and subjugation. These narratives have
remained relatively unchanged as since through Shima and Togawa, Ritsu and
Masamune, and Karino and Azusa. Boys love has always been a way for women to
voice their dissatisfaction and also a way for them to experience their desire
through fiction. More recently, the genre has expanded the way that it has
reached its audience, making boys love have even more influence over the way in
which participants express their sexuality through fiction. However, the
dynamic changes of the boys love genre are not stopping with just increased
styles of expression but also increasing the type of narratives that are being
told. While the genre may not be and may never be able to be completely
embraced by gay men in Japan given its shoujo
feeling, this does not discount the fact that more and more narratives that
express the sexuality of gay men in Japan are being released such as the story
of Yamato by Tohru Tagura. All of these narratives, regardless of homophobic
tones or not, are an important representation and expression of realities and
desires of sexual equality in Japan. While it cannot be understood now how far
the influence of boys love will expand, the genre is without a doubt an
important place for those that are restricted to express sexuality without worry
McLelland, Mark J.
2000 The Love Between ‘Beautiful Boys’ in Japanese Women’s Comics. Journal of Gender Studies 9(1): 13-25. EBSCOhost. http://web.a.ebscohost.com.library.smu.ca
2015 The World’s Greatest First Love. Adrienne Beck, trans. San Francisco: SuBLime.
2015 Kasuto hevun. Tokyo: Libre Shuppan.
Prough, Jennifer S.
2011 Straight from the Heart. United States of America: University of Hawai’i Press.
2011 Desire in Subtext: Gender, Fandom, and Women’s Male-Male Homoerotic Parodies in Contemporary Japan. Mechademia 6: 171-191. Project Muse. http://muse.jhu.edu/
2015 Koi monogatari. Tokyo: Gentosha Comics.
2015 News. http://www.doushitemo.com/news.html
2011 Flower Tribes and Female Desire: Complicating Early Female Consumption of Male Homosexuality in Shōjo Manga. Mechademia 6: 211-228. Project Muse. http://muse.jdu.edu/
2014 Beautiful, Borrowed, and Bent: “Boys’ love” as girls’ love in shōjo manga. In Gender and Japanese Society: Critical Concepts in Asian Studies Volume IV. Dolores P. Martinez, eds. Pp. 256-281. New York: Routledge.
2011 No Touching At All. Jocelyn Allen, trans. California: Digital Manga Distribution.
Everyone knows there is a dark side to journalism. If they don’t, they just haven’t worked the job long enough. It’s even darker when you work for a Japanese newspaper that still has morning and evening editions. That means six deadlines a day, since each regional version has its own deadline. I don’t miss those days.
When you’re on the police beat, you essentially live within the police press club. There’s at least one 24-hour shift a week, in which you may or may not catch a couple hours of sleep between 2 and 5:30 a.m., when you have to check the papers to see if the team has been scooped and notify the boss and the reporter in charge of the division.
You’re never home. You’re never not on call. Most of us end up divorced or legally separated. You will not be able to avoid hounding the friends, families and victims of a horrible crime for their statements and photos of the deceased. It’s a hyena-like task that I still do and will always dislike.
The darker side of the police beat or investigative journalism in Japan, especially when covering the yakuza, or as the police call them boryokudan (暴力団), or violent groups, is that eventually you’ll meet with violence. And I have several times. It’s left me with a litany of injuries – a weekly regimen of physical therapy, chronic post-traumatic stress and some brain damage.
As it stands, the head injury I suffered in 2010 has been both a blessing and a curse. It has resulted in temporal lobe seizures, less frequent as time goes on. I have a lesion in my brain, located around the temporal lobe – the product of a two-story fall, I suppose that was the initial injury (1986). In January 2010, an angry source – an ex-yakuza high as a kite on some very good crystal meth – kicked me in the head after I set him off and what was a conversation turned into a knock-down brawl. I believe he was in the midst of meth psychosis so it was hard to hold it against him.
It took a few days to realize that I wasn’t quite the same after that. I think that’s when things started going wrong on the temporal level; time was out of joint.
You might think that being able to relive the greatest moments of your life would a wonderful thing. You would be wrong. A few times a week, I have the displeasure, usually at random, but sometimes triggered by a sound or scent, of re-experiencing a past event in my life. Often they are very mundane. I wouldn’t call them memories, they’re stronger than that – they’re more than flashbacks. For me, they constitute a temporal dislocation; a disruption in the chronology of life; identity; of who I am and how I feel.
These re-experiences are things like laying down on a futon, beside a window on a rainy day. A woman I used to love, putting her hand on my neck and whispering something into my ear about the growth of oak trees in the summer. I lose myself for a minute, maybe just a few seconds. When I sleep, it’s worse. Sometimes, I relive violent events in my life—with all the fear, adrenaline, anger and pain that came with it. I feel the glass in my feet and I can’t stand up. When I calm down and check the soles and see that there’s nothing there–then I’m fine. It feels just as real as it did back then. I know that there’s no threat but my body doesn’t listen, so going back to sleep isn’t really much of an option. I could take a sleeping pill but that’s also another world of troubles.
I write a lot at night. I know many cafes and bars that are open at 3am; it’s good to have a place to go when it happens.
Generally, I’m very good at covering up my temporal disorder. I slip up now and then. I used to buy picture books for my children and then realize it has been years since they read books without words. My daughter when she was ten once horrified me by telling me that she was going to need a sports bra. Because in my head, I can remember reading to her Alice in Wonderland, the pop-up book, just last night. That was probably six years ago at the time. Everything seems like yesterday.
At least I’m blessed with faculties that tell me my sense of time and chronology is out of whack. But when I’m tired or sleep- deprived, it’s much harder to remember what was past and what is present. After a flashback, I have this strange feeling that time should have stopped where it was; that I should be walking into work at The Yomiuri Shimbun and filing an article on the latest hit- and-run. Right after one ends, I feel myself right back where I was at the time. It’s as if the world had been rebooted and put back to factory-shipped state.
After my temporal clock resets, I find myself feeling about a person I once loved exactly as I did – at what were wonderful little moments in the relationship. Weren’t we dancing together last night in a seedy bar in New York? Why can’t we just start at that point in time again? Because what happened after that doesn’t feel like it happened. It feels for a few moments as if that’s where time stopped.
I feel like I could go back to any point in time and pick up where things were. The rest of the world doesn’t function like that.
I’ve lost a lot of friends over the years. My mentor and sort of second father, Detective Chiaki Sekiguchi died of cancer in 2008. A colleague at the newspaper killed herself. People who were good friends and sources have gone missing. In 2010, lawyer and mentor, Toshiro Igari, was probably killed in the Philippines after taking on my case against the publisher of a yakuza boss’ biography. After obtaining the autopsy report from the Manila police, it’s clear that suicide was not the cause of death. A source, but not a friend, was shot to death in Thailand in April of 2011. I miss him as well, despite myself. My BFF, Michiel Brandt, passed away due to complications from leukemia in 2012. She was 30. I’m now 50. I keep waiting for the pain of that loss to be a little less but it stays. Even when you are well aware that life is impermanent and death comes to us all, sometimes it just seems too soon. There’s a part of you that doesn’t expect you to outlive your friends, especially when they are so much younger than you. Sometimes, I see her in dreams as well.
Sometimes, I have flashbacks to moments where I was a total jerk. Where I was rude or insensitive and I feel the same pangs of regret in the present that I felt in the past. I relive the mistake with no possibility of correcting it.
I have keys to apartments to where I can never go back in the physical universe. But in my own mindscape, I was just there and will be there again. Everything should be just where it was. The peanut butter in the cupboard, my toothbrush in a drawer, the balcony door open. The computer would be on the desk where I used to keep it. My desk in the Metro Police Headquarters should still have my stack of yakuza fanzines on top, stuffed into a cheap cardboard box. I wish I could throw away the old keys but I have this irrational belief that I will need them—even though the locks must have been changed and there is no reason to go back and no one there I know anymore.
Some of the memories are horrific. And they come with all the pain and horror of the time: photos casually shown to me that I never wanted to see; the smell of rusty iron from a bloody body, laying cut to shreds on a train track; or the sensation of burning, when a thug stubbed out his cigarette on my shoulder.
In general, maybe it’s because I’ve spent so much time in Japan, I try to take a stoic approach to things. The idea of seeing a psychotherapist to resolve mental issues seemed like a waste of time. But I finally went to see one in 2010, to try and do something about my insomnia. After a couple of sessions, the diagnosis was chronic post-traumatic stress disorder. He recommended anti- depressants to deal with the hyper-vigilance issues. I didn’t take them. I stopped going. I need to be hyper vigilant at times. It’s a survival mechanism.
I don’t want to turn it off; I just want to control it better. Meditation helps. Sleep helps. Exercise helps.
I thought that diagnosis would explain the strange flashbacks that were happening, but all I could find in the literature were references to people having flashbacks to traumatic events, not mundane or pleasant moments. It took a scan of my head and a visit to a neurologist to finally get diagnosed correctly.
There has to be a reason why we forget things. If we could recall the past too vividly, the present might pale in comparison. If we can’t forget, we can’t move on. Maybe our minds would explode with the complications of retaining memories of the past and awareness of the present at the same time.
I have anxiety about sleeping. I never know what time of my life I’ll wake up in. The persistence of the past both helps and hinders my relationships in the present. It helps because I get to relive mistakes and am thus reminded not do them again. It hinders because I’m able to forgive and then forget I’ve forgiven someone in the first place. Or forgive myself.
I’d like to walk on; I just keep treading water.
There’s a weariness that comes with covering violent crime, fraud, and human trafficking. There’s a sense of futility. You keep covering the same story, over and over – only the characters change. The narrative remains the same. In recent years, I’ve moved away from crime reporting and covering the yakuza. Bitcoin, politics, social issues, corruption, financial news. There’s a whole other world of things to report on–and just as important to know as well.
These days I’m in a good place mentally and physically. I am, if not happy, quite content with where I am and what I’m doing. But sometimes when I wake up, especially after having a disorienting flashback, I find myself strangely detached from life itself. I can only explain it by borrowing the words of Qoheleth, in the Book of Ecclesiastes:
What has been is still happening now
What has been will be again and be as it is
just as it was
There is nothing new under the (Iand of the rising) sun.
Some men in Japan just don’t seem to get that objectifying women is wrong.
In the land of the rising sun, the objectification of women is not only a thing, it’s a solid tradition and time-honored marketing ploy. Sometimes though, the tables can be turned the other way. This happened when Weekly SPA, a magazine famed for insisting that sex and money are the only things worth striving for, came out with a story in late December about which colleges had the most number of ‘yareru’ (i.e., easily f*ckable) women. Honorable first place went to Jissen Women’s University, followed by other prestigious women’s universities Otsuma and Ferris. Co-ed universities Hosei and Chuo came in 4th and 5th.
Normally, this would have caused a total of zero ripples on the calm surface of Japan’s societal pond (all the scum lurks beneath) but one young woman dared to raise her voice. This is Kazuna Yamamoto, a senior at International Christian University. Yamamoto saw the article and wrote to petition websitechange.org – that Japan should stop objectifying women, and noted the nation’s women “do not exist [soley] for the benefit of men.” In two days, Yamamoto’s petition amassed close to 30,000 sympathizers.
SPA editor-in-chief Takashi Inukai issued a public apology, saying that ‘yareru’ was in this case, inappropriate. Sorry. What SPA really meant to say, was ‘become on friendly terms with.’ Come on guys, is that the best you could do?
To make matters marginally more demeaning, SPA’s article was really about the practice of ‘gyara nomi,‘ which is a thing among young Japanese. (The ‘gyara’ comes from guarantee – in this case, cash.) In a ‘gyara nomi,’ a group of men meet a group of women at a drinking party. The men pick up the tab, and they are also obligated to offer money to women they find especially attractive. The women may or may not be pressured into sex by accepting the monetary gift but according to ‘Reina,’ a woman who regularly attends such gatherings, says “the sex is sort of mandatory. I mean, you can’t say no after the guy pays you. For myself and a lot of other girls, it’s a side hustle.” SPA covered an actual ‘gyara nomi’ party and an app that matches up college girls from the aforementioned universities wanting to earn a little cash, and men looking for a quick roll in the hay. It goes without saying that gyara nomi are limited to women under 25, (pre-Christmas cake age) though men do not face that censure.
Two factors are at play here: the objectification of women surely, but it’s also about women seizing the opportunity to cash in on their objectification. In a pathetically perverse way, you could say this is a win-win situation, or at least a supply and demand equation. Such a scenario is nothing new under the rising sun. Until Japan finally opened its doors to the West, objectifying women was so taken for granted the women themselves thought nothing of it.
By the way, the geisha trade of old was all about pushing the envelope of objectification: the closer a geisha got to simulating a perfectly made-up doll who danced and poured sake for her male clients (with a hinted promise of post-party sex), the better.
And in spite of all the water under the bridge and modernization with a vengeance, not a whole lot has changed. The practice of gyara nomi attest to the fact that Japanese men would would rather pay for sex, than god forbid, having to go through the arduous process of talking with a woman and getting to know her, and her consent– before taking her to bed.
As for the women themselves, like the aforementioned Reina many see their youths as a side hustle. If men and society insist on viewing college girls as ‘yareru’ cuties slinging Samantha Thavasa handbags over their arms, then there’s no shortage of college girls who bank on that view. Wearing short skirts, attending gyara nomi parties and then the next day, laugh about the men with their girlfriends at Starbucks. What’s the harm – but more to the point, how will they finance those Samantha Thavasa handbags if not through men? No self-respecting college girl wants to admit she had to buy one all on her own. With the exception of a weird few who want to waste their precious youth pursuing a medical degree (we know where such lofty ambitions wind up), young women find it easier to cater to male fantasies, and be compensated in one way or another for their trouble.
An apology from SPA will not likely change the way things are, but maybe, just maybe – it’s a tiny step taken toward…not anything so drastic as equality but non-objectification? On the day after the SPA fiasco, Peach John – one of Japan’s most lucrative women’s lingerie companies – issued an online apology about ‘inappropriate wording’ on one of their products. This was a supplement, touted as a ‘love potion.’ “Slip it into a loved one’s dish or cup, to get that person in the right mood for love” said the product description. (Editor’s note: At least that sounds better than menstrual blood in Valentine’s Day chocolates ) Peach John terminated its sales and promised that they will be “more careful” about choosing the right phrases. Cash, potions, deception, discrimination…would this all go away if Japanese men and women just learned to talk to each other?
Recently a Company called Shuukan Spa has released a ranking of “University students with easy-access girls” on a public magazine. (Published October 23, 2018)
2018 was a year where women from all over the world fought for women’s rights, so that our voices were delivered.
Japan will be having the first G20 summit this year, 2019 and it is ridiculous for an article such as this to be published. It’s not funny at all.
I would like to fight so that especially on public articles such as this one, sexualizing, objectifying and disrespecting women would stop.
We demand Shuukan Spa to take this article back and apologize, and promise to not use objectifying words to talk about women.
This sexualizing of women is not funny.
In Japan according to a study done by the Ministry of Justice, only 18.5% of the women report sexual assault or rape.
How about the left over 81.5%?
They don’t speak up. Can not speak up.
Because sexual assault, random guys touching your butt in public trains, having their crotch up your butt, rape, is something women have to deal with.
Because We use underaged girls in bikinis to fulfill the fetish of those who love baby faces.
Because we idolize young girls.
Because honestly, the society hasn’t changed ever since the time of comfort women.
Because men and women do not believe that we are worth the same as men.
In this world, 1 out of 5 women are raped or sexually assaulted before their 18th birthday.
According to the ministry of Justice, only 1 out of 10 people actually get convicted, after being sued for sexual assault.
In 2018, the world fought.
In some countries, abortion finally became legal.
100 year anniversary since Women got voting rights.
Women in Saudi Arabia were able to drive.
And using Social Media, people spoke up using #MeToo #NoWomenEver and in South America, #NoEsNo and #AbortoLegalYa.
This year we will not only hold the G20 nor but the W20 (women 20)
We demand that the media stops using words to discriminate women, objectify women, disrespect women and sexualize women.
We, women are not less than men.
We are human too.
We do not LIVE for men.
We do not exist for men.
Let’s raise our voices because I am sick of this society where women are objects.
Thanks to the True Story Award, a new prize for written reportage, from 30 August to 1 September 2019, over 60 reporters from right around the world will come together in Bern, Switzerland. Nominate the best journalists and stories in Japan.
Today, submissions open for the True Story Award, the first global award for reporters writing for newspapers, magazines and online publications. The prize recognises written reportage from all countries and in 12 of the world’s most widely spoken languages. The prize will be awarded to work that stands out through in-depth research, journalistic quality and societal relevance.
The prize seeks to motivate journalists from across the world and to support their work. In many places around the world, the loss of diverse and independent media coverage of events and developments is damaging the ability of the public to freely form critical opinions. Which makes it even more important to have courageous and innovative reporters – in all societies and countries. It’s for these reporters that the True Story Award has been created. To begin with, a jury representing 29 countries will nominate a total of 42 reporters. Following this process, an eight-person jury will determine the winners.
The nominees and selected members of the international jury will be invited to attend the prize ceremony in Bern, Switzerland. But it doesn’t end there. At a three-day festival, they will share stories about their work in various contexts around the globe. At some 50 public events, they will provide insights into the conditions under which their research was carried out, will discuss some of the obstacles and resistance they faced, tell stories, and provide the public with new persepectives on contemporary events. It will be the first festival of its kind in the German-speaking world. Apart from the award ceremony, entry to all events will be free.
The prize was conceived and launched by Reportagenmagazine, and the True Story Award and the accompanying festival will be carried out in close collaboration with Bern Welcome. The prize is funded by the newly founded True Story Award Foundation.
Marcel Brülhart, Chairman of the Board, Bern Welcome, bruelhart (at) recht-governance.ch, +41 (0)79 359 59 66
Bern Welcomebrings together city marketing, tourism and local activities in the city of Bern. This merger is the first of its kind in Switzerland.
The organisations Bern Tourismand Bern Meetings & Eventsare both included under the umbrella of Bern Welcome AG, and share a joint strategic and operational structure.
Bern Welcomeis primarily funded by the city of Bern, the business network BERNcityand the associations Hotellerie Bern+Mittelland andGastroStadtBern.
Reportagenis an independent magazine for contemporary storytelling. Outstanding authors tell fascinating stories from around the world. Researched in the field, with the protagonists themselves, and off the beaten track. A new edition every second month. In a sleekly designed paperback and a digital format.Reportagenis available in bookstores and from newsagents, in the App Store and by subscription.
Note: We met with former prosecutor Nobuo Gohara, last week, to discuss the arrest and prosecution of Carlos Ghosn. Mr. Ghosn has been accused of financial crimes, and has now been detained 23 days and rearrested. With Gohara’s permission, we are publishing his translated observatiosn about the case, written prior to the re-arrest of Mr. Ghosn today (December 10th 2018). *Portions of this were previously published in Japanese on Yahoo! News.
The Arrest of President & CEO Saikawa is Inevitable if Mr. Ghosn is Re-arrested based on Fake Statement made in the Last 3 Years
The End of The Myth of The Special Prosecutors is one book that Mr. Gohara has written on Japan’s prosecutors going off the rails.
Today (December 10) was the last day of the extended detention of Mr. Carlos Ghosn, who was arrested by the Special Investigation Unit of the Tokyo District Court on November 19 and was removed from the Representative Directorship of Nissan 3 days thereafter at the extraordinary board meeting, as well as Mr. Greg Kelly.
The suspected offense of his violation of the Financial Instruments and Exchange Act turned out to be the fact that he did not describe the “agreement on payment of compensation after his retirement” in the securities report. However, given that the payment had not been determined and that it cannot be considered as a fake statement of an “important matter”, there are serious concerns about considering this non-description a crime.
There has been an increasing skepticism about the method of prosecutors’ investigation who suddenly arrested Mr. Ghosn at Haneda Airport inside his personal aircraft when he just returned to Japan. As I have pointed out in my article (“Ghosn Can Only Be Indicted if Prosecutors Follow Their Organizational Logic”), since the prosecutors have arrested him based on their unique decision, it is impossible for them “not to indict Mr. Ghosn”, as it would be self-denying and contrary to the “logic of the organization”. It had thus been fully anticipated that the prosecutors would indict Mr. Ghosn today.
However, the facts that have newly been revealed through the subsequent media reports are raising even more serious concerns with respect to his arrest based on the “agreement on payment of compensation after his retirement” (although various media organizations report that those facts constitute the ground of his indictment by the prosecutors).
Could this herald the possible “collapse” of the prosecutor’s case
There is Virtually No More Possibility that Mr. Ghosn will be Re-arrested with the Crime of Aggravated Breach of Trust or the like
First of all, it has been reported that the prosecutors intend to re-arrest Mr. Ghosn on the ground that he has “underdescribed his executive compensation of 4 billion yen for the last 3 years”. The facts that constituted the ground of his arrest and detention to date had been the fake statement around the “agreement on payment of compensation after his retirement” for the period of 5 years up to March 2015 term. The prosecutors, however, are intending to re-arrest him based on the same fake statement but for the last 3 years up to March 2018 term.
There had been a speculation that the fake statement in the securities report was merely a ”starting point” and that the Special Investigation Unit was contemplating to pursue some “substantive crime” such as aggravated breach of trust. However, had they been able to pursue the crime of aggravated breach of trust, they would have re-arrested him based on that. Given the overloaded investigation lineup of the Public Prosecutors Office, which has been accepting prosecutors dispatched from the District Public Prosecutor Offices, as the year end approaches when they need to send the dispatched prosecutors back to where they belong, they would want to avoid arresting him based on the new facts on and after December 10 unless extreme circumstances arise, because the period of detention of 20 days would then extend to the year end. This means that the only “charge” based on which the prosecutors intend to indict Mr. Ghosn is the fake statement of his executive compensation. On the basis that they will re-arrest him based on the same fake statement as the facts constituting his initial arrest and detention, it is highly probable that the investigation will end there.
This is a scenario which I have predicted, as I have repeatedly stated since right after the arrest. That is, based on the facts that have been reported, it is unlikely that Mr. Ghosn will be indicted for the aggravated breach of trust (“Ghosn Case: Yomiuri Beginning to Ditch Prosecutors while Asahi Cling to Them”). However, for those who firmly believe that the “justice always lies with prosecutors” and because of that believe “Mr. Ghosn, who was arrested by the prosecutors, is a villain”, it would be hard to accept that the investigation would end by only charging him with such a trivial crime as fake statement and not criminally pursuing any “substantive crime”.
Serious Issues Concerning Procedures of Detention
Of further significance is a “serious issue concerning the legality of detention” in relation to the re-arresting of Mr. Ghosn and Mr. Kelly based on the “underdescription of Mr. Ghosn’s executive compensation of 4 billion yen for the last 3 years”.
A securities report is something which is prepared and submitted each business year. As such, there is supposed to be “one independent crime” for each business year, totaling to 8 crimes, if there are fake statements in all securities reports for the period of 8 years from March 2010 term to March 2018 term. However, the charge against Mr. Ghosn with respect to the “agreement on payment of compensation after his retirement” is different from a standard fake statement in the securities report.
An “MoU” was said to have been made between Mr. Ghosn and the Head of Secretary Office every year with respect to part of the executive compensation payable after his retirement under the pretense of some other payment, which had been kept secret to the Departments of General Affairs and Finance of Nissan and had been kept confidentially. The securities report for each year had been prepared and submitted without regard to the agreement made in such “MoU”. Since the acts of preparation of the “MoU” for 8 years had been repeated every year under the same intent and purpose, they constitute “one inclusive crime” provided that they do constitute a crime. They should effectively be interpreted as “one crime” as a whole. “Dividing” these acts into those conducted during the first 5 years and those during the last 3 years for the purpose of repeating the arrest and detention means arresting and detaining based on the same facts, which is a significant issue in terms of due process of detention.
On top of that, if the prosecutors intend to re-arrest them based on the acts in the last 3 years after completing their investigation and processing of the fake statement for the first 5 years, it would be that they had “reserved” the acts of the last 3 years for the re-arrest. This is an unjustifiable detention which deviates the common sense of prosecutors. Inevitably, Mr. Ghosn and Mr. Kelly would file a quasi-complaint with respect to the detention or a special appeal with the Supreme Court, claiming that it is an unjustifiable detention in violation of due process under Article 31 of the Constitution.
It Would Be Difficult to Deny Criminal Liability of President Saikawa
“When The Thinking Processes Of The Organization Stop” discusses the implications of an infamous case in which a prosecutor forged evidence and dysfunctional organizations in general, which could apply to Nissan at present.
A more significant issue is that it has been reported by Asahi, Nikkei, and NHK that Hiroto Saikawa, President and CEO of Nissan, has also signed the “document agreeing on the post-retirement compensation”. It has been reported that Mr. Saikawa has signed a document titled “Employment Agreement”, which describes the amount of compensation for the agreement prohibiting Mr. Ghosn to enter into any consulting agreement or to assume office as an officer with any competing companies after his retirement. It has also been reported that, apart from the above, a document was prepared which specified the amount of compensation which should have been received by Mr. Ghosn each term and the amount which had actually been paid, as well as the balance thereof, and that it was signed by Mr. Ghosn the ex-Chairman and the executive employees as his close aides.
The prosecutors and media may be denying the criminal liability of Mr. Saikawa for his fake statement of the executive compensation based on the reason that, although he had been aware of the payment of compensation as consideration for the prohibition of Mr. Ghosn’s entrance into any consulting agreement or assumption of office with competing companies after his retirement, he had not recognized it as a payment of executive compensation under some other pretext, and because of this, he did not know that it should have been described in the securities report as “executive compensation”.
I wonder, however, how President Saikawa had recognized the consideration for the prohibition concerning the consulting agreement and non-competitive agreement. If he had signed the document based on his understanding that it was a legitimate and lawful payment, it would mean that the agreement has its basis and that Mr. Ghosn has an obligation to refrain from entering into any consulting agreement and competing in return for the payment. It would thus be considered a “legitimate contractual consideration” rather than a “deferred payment of executive compensation”.
Above all, why did Mr. Saikawa think it was necessary to enter into an agreement that prohibits Mr. Ghosn from entering into any consulting agreement or competing after his retirement when there was actually no specific sign of his retirement? We can never understand the reason unless the agreement is explained as an “alternative for reducing the executive compensation by half”. In the end, we cannot help but think that Mr. Saikawa had almost the same recognition as Mr. Ghosn and others with respect to the agreement.
The offense of the crime of fake statement in the securities report is constituted not by “making a fake statement” but by “submitting” the securities report with a fake statement on an important matter. The person who has an obligation to ensure accurate description and “submission” is the CEO in the case of Nissan, which is Mr. Saikawa from and after March 2017 term. If, as mentioned above, Mr. Saikawa had largely the same recognition with Mr. Ghosn with respect to the “post-retirement payment of compensation”, we have to say that it is Mr. Saikawa who would primarily be criminally liable for the last 2 years (apart from the severity of the ultimate sentence). That is, if the prosecutors are to pursue the indictment of the fake statement of the securities report for the last 3 years, it is inevitable to charge Mr. Saikawa as well.
Can Mr. Saikawa Withstand Criticism of being Involved in “Backdoor Agreement” with Prosecutors?
This is when the idea of plea bargain occurs to us—that is, whether or not there is a possibility that Mr. Saikawa has agreed to a plea bargain with the prosecutors by cooperating in the investigation on the “crimes of others” (i.e., of Mr. Ghosn and Mr. Kelly), thereby being exempted from criminal punishment.
It is possible that there is a “backdoor agreement” between the prosecutors and President Saikawa “targeting” Mr. Ghosn and Mr. Kelly. However, if such agreement exists, where it is agreed not to charge President Saikawa, what was it all about that he criticized Mr. Ghosn at the press conference immediately after his arrest, going so far as to say that he “felt resentment (toward Mr. Ghosn)”? There is likely to be severe criticisms against such agreement as well as against Mr. Saikawa domestically and internationally. Furthermore, if this is the case, it is likely that Mr. Saikawa falls under the “party with special interest” in relation to the extraordinary board meeting where he served as the chairman and determined the removal of Mr. Ghosn from his position of the Representative Director and Chairman. This may affect the force and effect of the vote (““Serious Concern” over Plea Bargain between Executives of Nissan and Prosecutors” – Are Directors Involved in Securities Report able to Participate in Voting relating to Removal of Ghosn?).
Given all of the above, if the prosecutors are to re-arrest Mr. Ghosn and Mr. Kelly on the ground of a fake statement in the securities report for the last 3 years, there is no other choice than to arrest Mr. Saikawa and hold him criminally liable. However, this would virtually mean the collapse of the current management team of Nissan which executed a coup d’etat at the initiative of President Saikawa and upset the Ghosn Regime. The investigation of the prosecutors, which has been conducted in close cooperation with the management team of Nissan, is also at a risk of “collapsing”.
*Translation was provided by Mr. Gohara’s office, with some minor editing by JSRC staff for clarity based on the original Japanese text.